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Can My Ex-Wife And I Both Receive Divorced Spousal Benefits?

Folks;
I thought, having been married 22 years, and now divorced, my ex-wife, and I, who reach FRA 3 days apart next June, ( WE WERE BORN IN 1952 so My understanding is the new law does not apply to us.) could each file and suspend our own benefits and take spousal benefits of each other.
BUT I READ THIS ON THE SOC SEC SITE TODAY AND DON"T SEE HOW THAT CAN WORK.

If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if:
Your marriage lasted 10 years or longer;
Your ex-spouse is unmarried;
Your ex-spouse is age 62 or older;
**********The benefit that your ex-spouse is entitled to receive based on their own work is less than the benefit they would receive based on your work.

This last line from the SOC SEC Site, says the ex-spouse can only collect a spousal benefit and suspend their own, IF their own benefit is less than they would receive as their spousal benefit.
Is this true? and if it is, how can you say that this strategy benefit high income couples, if the lessor of the two incomes will only be able to collect their spousal benefit?

Confused in Pittsburgh.
Thanks for your insights

Gene

Hi Gene,

It sounds like both you and your ex-wife can apply for divorced spousal benefits only at full retirement age (FRA) and allow your own benefit rates to grow until age 70. But, you don't want to also file for and suspend your own benefits. Doing so would prevent you from being able to receive divorced spousal benefits.

I'm not sure what specific site you're quoting in your question, but you can potentially receive divorced spousal benefits even if you are eligible for a higher benefit on your own record, AS LONG AS YOU HAVEN'T YET FILED FOR BENEFITS ON YOUR OWN RECORD. That holds true whether or not you voluntarily suspend your benefits.

You may want to consider running the maximization software available on this website in order to be sure that you choose the best filing strategy.

Best, Jerry

Posted: 
Jul 25 2017 - 7:18am
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